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(영문) 서울서부지방법원 2018.10.24 2018고단2882
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2017, from around 21:00 to 22:00, the Defendant committed an indecent act by force against the victim by inserting knee of “D” located within the main point of “D” located in Mapo-gu Seoul Metropolitan Government, and by inserting knee of the victim’s knee of the victim’s knee, inserting knee of the victim’s knee, and inserting knee of the victim’s knee of the victim’s knee of the victim’s knee of the victim’s knee, and exposing the victim’s knee of the victim’s knee of the victim’s knee, as the victim’s knee of the knee, and

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. Each statement of F, G and H;

1. Application of the IF photograph Acts and subordinate statutes;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the fact that his/her mistake is against him/her, the fact that he/she is a primary offender, the circumstances and degree of indecent conduct, etc.);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted (the primary crime; (b) the registration of personal information and an order to attend a lecture to treat sexual assault is expected to have the effect of preventing recidivism; and (c) the Defendant’s age, environment, occupation, profits expected by an employment restriction order, the effect of preventing sex crimes; and (d) the disadvantage and anticipated side effects of the Defendant’s disadvantage

I think)

Where the conviction of this case becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

However, personal information shall be personal information in light of the first crime, recidivism of personal information registration, and victim protection effects.

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